Implementing Rules and Regulations for RA. No. 10657: Professional Chemistry Act

Republic of the PhilippinesProfessional Regulation CommissionManila

BOARD OF CHEMISTRY

Resolution No. ?

Series of 2015

THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF Chemistry Profession Act of 2015 (Republic Act No. 10657)

Pursuant to Section 1, Article I and Section 7(m), Article II of Republic Act No. 10657, known as the "Chemistry Profession Act of 2015, the Board of Chemistry with the approval of the Professional Regulation Commission, hereby adopts and promulgates the following Implementing Rules and Regulations to carry out the provisions thereof.

Rule ITITLE, STATEMENT OF POLICY and DEFINITION OF TERMS

Section 1. Title This Resolution shall be known as the IMPLEMENTING RULES AND REGULATIONS OF THE CHEMISTRY PROFESSION ACT OF 2015 hereinafter cited as the IRR OF RA 10657Section 2. Statement of Policy The IRR of RA 10657 shall be interpreted, construed, and carried out in the light of Section 2 (Declaration of Policy) of Republic Act No. 10657, which states as follows:

Chemistry is vital to public safety, the national economy, and the protection of the environment. It is, therefore, the policy of the State to promote, regulate and protect the professional practice of Chemistry and to ensure the continued development and high international standards of the practice of Chemistry in the Philippines.

Section 3. Definition of terms Unless otherwise provided, the following terms shall be understood to mean:3.1 Board Board of Chemistry as created by R.A 10657

3.2 Board Chairman Chairman, Board of Chemistry.

3.3 Commission Professional Regulation Commission (PRC)

3.4 Commission Chairperson Chairperson, Professional Regulation Commission.

3.5 CHED Commission on Higher Education.

3.6 TESDA Technical Education and Skills Development Authority.

3.7 Certificate of Registration (CR) issued by the Board to those who have passed the relevant licensure examination

3. 8 CR No. Certificate of Registration Number

3.9 PTR No. Professional Tax Receipt Number

3.10 Professional Identification Card a professional identification card issued by PRC to the holder of a Certificate of Registration (CR) as a Chemist or Chemical Technician.

3.11 Accredited Professional Organization (APO) the Accredited Professional Organization duly accredited by the Board and Commission.

3.12 CHEMISTRY - refers to the study, analysis, modification and calculations of physico-Chemical or bioChemical properties of matter. Chemistry includes the atomic, molecular surface and supra molecular composition and structure of matter, properties and reactions the changes which matter undergoes, the energy involved, and the conditions under which such changes occur. BioChemistry, which is defined as the study of the Chemical compound and process in biological organisms, is included within the scope of Chemistry for purpose of this Act.

3.13 Registered Chemist refers to any person who is engaged in the professional practice of Chemistry, as defined herein, who is duly registered with Board of Chemistry and the Professional Regulation Commission. A registered Chemist shall have the authority to undertake the professional practice of Chemistry.

3.14 Registered Chemical Technician refers to any person who is engaged in the routine work of Chemical analysis, Chemical synthesis, and sale of Chemicals and Chemical equipment / apparatus, as defined herein, and who is duly registered with the Board of Chemistry; provided further, that they are under the supervision of a registered Chemist.

3.15 Chemical Analysis refers to physico-Chemical or bioChemical procedure which involves the following and related Techniques:

a) Measurement of properties, such as power of hydrogen (pH), oxidation-reduction potential, density, atomic or molecular weight and others;

b) Use of methods, such as titration, gravimetric analysis, electroChemical measurements, spectroscopy, chromatography, and others;

c) Determination of the atomic or molecular quantity of one or more components of a substance.

d) Determination of the atomic, molecular, surface or supramolecular nature or structure of substance;

e) Preparation of a sample for Chemical analysis;

f) Separation and/or purification of a mixture into its components using Techniques, such as distillation, crystallization, density, reactivity, extraction, adsorption, size exclusion, affinity, chromatography, and others;

g) Calculations of physico-Chemical or bioChemical properties or concentrations of Chemicals or bio-Chemicals;

h) Computational methods applied to Chemically or bioChemically related matters, such as molecular design, molecular modelling, Chemo metrics, and others; and

i) Other analytical methods which characterize matter at the atomic, molecular or supramolecular level.

3.16 Chemical Synthesis refers to the preparation of a compound or Chemical entity from its elements or from other compounds or Chemical entities by one (1) or more Chemical reactions. Synthesis, as defined herein, refers to both Chemical synthesis which may use Chemical catalysts, bioChemical synthesis which uses enzymes and other biological compounds to promote a reaction; 3.17 Chemical laboratory - refers to a facility where activities described in Section 3.15 and 3.16 are performed. Such activities carried out outside of a Chemical laboratory, for example, a factory, mobile laboratory or field analysis, shall likewise be considered a Chemical laboratory. The head of Chemical laboratory shall be a Registered Chemist.

3.18 Allied Degree academic degree which complies with the minimum requirements specified in RA 10657 and which is under the academic supervision of the CHED Technical Panel for Chemistry and whose curriculum has been evaluated by the Board.3.19 Professional Chemistry Subjects The following subjects are included as professional Chemistry subjects: Analytical Chemistry, Organic Chemistry, BioChemistry, Inorganic Chemistry, Physical Chemistry. The Board may modify the coverage of the Board examination as required by developments in Chemistry and the professional practice of Chemistry. In such a case, the Board shall consult with the CHED and the APO for Chemistry. The Board must announce revisions in Chemistry subjects and topics at least two (2) years prior to their inclusion in the Board examination.

3.20 Foreign Reciprocity the prevailing practice of a country or State which permits Filipino Chemist to practice within its territorial limits the same basis as those of its subjects or citizens in said country or state.3.21 Temporary/Special Permit - issued to foreign-based Chemists invited by the Republic of the Philippines and/or contracted by educational institutions who have applied for permit to practice in their specialty field of Chemistry. The Special Permit is not to be construed as a grant of a Chemistry license but only as temporary permit to do service in his/her specialty field of Chemistry.3.22 Certificate of Authority to Operate issued by the Board of Chemistry to Chemical Laboratories in compliance with its requirements for registration or renewal of permit to operate.3.23 CPD Continuing Professional Development.

3.24 CPD Council The body that administers CPD Programs

3.25 RA 8981 - The PRC Modernization Act of 2000

Rule IIPROFESSIONAL REGULATORY BOARD OF CHEMISTRYSection 4. Creation of the Board of Chemistry R.A. 10657 mandates the creation of the Board of Chemistry and empowers the Board to supervise and regulate the practice of Chemistry profession in the Philippines, under the administrative control and supervision of the Professional Regulation Commission. Section 5. Composition of the Board The Board of Chemistry shall be composed of a Chairman and two (2) Members who shall be appointed by the President of the Philippines from among those recommended by the Commission from among the nominees of APO.Section 6. Powers and Duties of the Board The powers of the Board are defined in RA 10657.6.1 Supervise and regulate the practice of the Chemistry profession in the Philippines in accordance with the provisions of this Act;6.2 Determine the requirements and evaluate the qualifications of applicants for registration and renewal of license of registered Chemists and registered Chemical Technicians; 6.3 Prescribe the subjects in the licensure examination, determine the syllabi of the subjects and their relative weights, construct the test questions in the examinations and submit the examination results to the Commission;

6.4 Issue, together with the Commission, certificates of registration to persons admitted to the practice of the professions of Chemistry and Chemical analysis;

6.5 Oversee the conduct of the Continuing Professional Development (CPD) program for professional Chemists and Chemical Technicians as administered by the council;

6.6 Determine, in consultation with the APO for the Chemistry profession, private industry and relevant government agencies the requirements for registration or renewal of permit to operate of Chemical laboratories in both private and government and other entities engaged in the practice of Chemistry and to issue, together with the Commission, the Certificate of Authority to operate to those that satisfy the said requirements.

6.7 Inquire into the conditions affecting the practice of the profession and adopt measures for the enhancement and maintenance of a high professional standard, ethical practice, and Technical competence. To achieve these goals, the Board shall promote conformance to international standards;

6.8 Pursuant, thereto, the Board with the assistance of APO may conduct on-site inspection of Chemical laboratories or on-site or off-site audits of establishments where Chemists and Chemical Technicians practice their profession, such as factories, plants, offices and the like in order to determine and enforce compliance with the provisions of RA 10657 and issue Certificates of Authority to Operate; Provided further, that the deputized individuals should be accredited by the Board with respect to their qualifications and integrity;

6.9 In coordination with the Commission on Higher Education (CHED), inspect the facilities, qualifications of faculty of professional Chemistry subjects, equipment, and other aspects directly related to the Chemistry program of educational institutions;

6.10 Represent the interests of the Chemistry profession consistent with RA 10657 with relevant government agencies, including departments of the Executive Branch and the Civil Service Commission;

6.11 Adopt and promulgate the Code of Ethics for Chemistry and the Code of Good Governance for the practice of Chemistry;

6.12 Issue Board Resolutions on the following matters and to update them as required by developments: 1. to set appropriate ratios of number of Chemists to Chemical Technicians in the laboratory; 2. criteria for determination of Hazard Pay and Accident Insurance; 3. guidelines on Legal Assistance to Chemists and Chemical Technicians; 4. guidelines on the Coverage of Professional Practice, in particular regarding Allied Professions; 5. professional seal of the Chemist; 6. guidelines for Continuing Professional Development and its requirement for renewal of Professional Identification Card; 7. Other matters that are relevant to the professional practice of Chemistry;

6.13 The Board may deputize and authorize the APO and to perform on-site inspection and evaluate compliance of the laboratory to the given requirements;

6.14 Issue subpoena ad testificandum and subpoena duces tecum to secure the attendance of witnesses or the production of documents in connection with any administrative case before the Board;

6.15 Hear and decide administrative cases filed against Chemist, Chemical Technicians and owners and administrators of Chemical laboratories. The hearing shall be presided by the Chairman or a Member of the Board with the assistance of an Attorney of the Commission. Any decision shall be decided by the majority of the Board. Decisions of the Board may be appealed to the Commission within fifteen (15) days from notice, otherwise such decisions shall become final and executory;

6.16 Administer oaths in connection with the performance of its functions;

6.17 Adopt and prescribe the official seal of the Chemistry profession;

6.18 Submit an annual report on the proceedings and accomplishments during the year and/or recommendations of the Board to the Commission thirty (30) days after the close of each calendar year;

6.19 Perform such other functions as may be necessary in order to implement the provisions of RA 10657.

SEC. 7.Qualifications of the Chairperson and Members of the Board The Chairperson and members of the Board must meet the following qualifications:Sec 7.1 A citizen and resident of the Philippines;

Sec 7.2 Of good moral character and of sound mind;

Sec 7.3 A holder of at least a masters degree in Chemistry conferred by a Chemistry institution recognized by the Commission on Higher Education (CHED) or by a reputable foreign university;

Sec 7.4 A registered Chemist who has been in active practice for at least ten (10) years;

Sec 7.5 A person who does not have any pecuniary interest, directly or indirectly, in any higher educational institution conferring an academic degree necessary for admission to the practice of Chemistry or where review classes in preparation for the licensure examination are being offered or conducted, nor shall one be a member of the faculty or administration thereof;

Sec 7.6 A member in good standing of the APO;

Sec 7.7 Not an officer or trustee of the APO; and

Sec 7.8 Not convicted by a court of competent jurisdiction of an offense involving moral turpitude.

Section 8. Term of Office. The Chairperson and members of the Board shall have a three (3) year term from the date of appointment or until their successor have been appointed. They can be re-appointed for another 3 years immediately after the expiry of their term, provided for a maximum of two (2) terms or not more than six (6) years whichever is longer. Any Appointee to a vacancy with unexpired period shall serve such period. The chairperson and the members of the Board shall duly take their oaths of office.

Section 9. Compensation of the Board The Chairman and Members of the Board shall receive compensation and allowances comparable to the other regulatory boards under the commission prescribed by the rules and regulations of the Commission and other pertinent laws such as the General Appropriation Act.

Section 10. Grounds for Suspension or Removal of the Chairperson and Members of the Board. The President upon the recommendation of the Commission after due process and administrative investigation conducted by the Commission, may remove or suspend a Chairperson or member of the Board on any of the following grounds:

10.1 Gross neglect, incompetence or dishonesty in the discharge of ones duty;

10.2 Violation of any of the causes/grounds and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other laws; and

10.3 Manipulation or rigging of the licensure examination results or disclosure of examination questions prior to the conduct of the examination, or tampering of the grades. The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No. 8981, otherwise known as the PRC Modernization Act of 2000, the rules on administrative investigation, and the applicable provisions of the new Rules of Court.

Section 11. Custody of Records, Secretariat and Support Services - The Board shall have a Secretary, appointed by the Commission, who shall record the minutes of its meetings and perform such other functions as the Board may require. The Commission shall provide for the compensation of the Secretary.

All records of the Board, including applications for examination, and administrative and other investigative cases conducted by the Board shall be under the custody of the Commission.

The Commission shall provide the secretariat and other support services to implement the provisions of RA No. 10657.

Section 12. Annual Report The Board shall submit an annual report to the Commission after the close of each fiscal year giving a detailed account of the proceedings of the Board during the year and embodying such recommendations to the Commission as the Board may desire to make. The Secretary shall prepare the annual report for the consideration and approval of the Board.

Rule III

LICENSURE EXAMINATION FOR CHEMIST AND CHEMICAL TECHNICIAN

Section 13. Examination Required - All persons desiring to register as Chemist or Chemical Technician and practice the profession must pass the licensure examinations for the practice of Chemistry or Chemical Technician, respectively, in the Philippines.

Section 14. Qualifications for Chemistry Licensure Examination - Any person applying for admission to the Chemistry licensure examination shall establish to the satisfaction of the Board and the Commission that he/she possesses the following qualifications:

14.1 Citizen and resident of the Philippines or a foreign citizen whose country or state has reciprocity with the Philippines in the practice of Chemistry;

14.2 Of good moral character and sound mind;

14.3 Graduate of any higher educational institution and a holder of a degree of Bachelor of Science in Chemistry or an allied degree, the curricula of which are under the academic supervision of the CHED: Provided, that the applicant must have earned at least sixty (60) university units in Chemistry which shall include all of the professional Chemistry courses: Provided, further, that the allied degree and its curriculum shall have passed the evaluation of the Board. Graduates of reputable foreign universities who have been conferred the degree of BS Chemistry or its equivalent, and whose curriculum includes all of the professional Chemistry courses, may apply to take the licensure examination, subject to evaluation by the Board;

14.4 Has not been convicted of an offense involving moral turpitude by a court of competent jurisdiction.

14.5 Filipino citizen and resident who graduated from a foreign educational institution shall be required, before his application is accepted, to submit an endorsement from the CHED. The Board of Chemistry shall issue Board resolutions pertaining to this matter.

Section 15. Scope of Examination for Chemists - The Chemistry Licensure examination shall cover the following professional Chemistry subjects: Analytical Chemistry, Organic Chemistry, Biochemistry, Inorganic Chemistry and Physical Chemistry: Provided, That the relative weight of any subject shall not exceed thirty percent (30%) or be less than fifteen percent (15%) of the total. The Board may modify the coverage of the Board examination as required by developments in Chemistry and the professional practice of Chemistry. In such cases, the Board shall consult with the CHED and the APO for Chemistry. The Board must announce revisions in Chemistry subjects and topics at least two (2) years prior to their inclusion in the Board examination.

Section 16. Qualifications of an Applicant for Chemical Technician - To be authorized to practice the profession of Chemical Technician, an applicant must:

16.1 Citizen of the Philippines or a citizen of a foreign country which grants the corresponding privilege to Filipinos;

16.2 Be of good moral character and of sound mind; and

16.3 Have successfully completed at least thirty (30) units of undergraduate Chemistry courses from an institution duly recognized by the CHED or the Technical Education and Skills Development Authority (TESDA). The courses should include both lecture and laboratory courses in the following subjects: General Chemistry, Analytical Chemistry and Organic Chemistry. A certified true copy of the applicants transcript of records must accompany the application. The Board of Chemistry shall issue Board resolutions to approve courses and other qualifications for Chemical Technician.

Section 17. Scope of Examination for Chemical Technician The licensure examination for Chemical Technician shall cover practical aspects of laboratory work in the following Chemistry subjects with equal weights: Analytical Chemistry and Organic Chemistry. The Board may modify the coverage of the Board examination as required by developments in Chemistry and the professional practice of Chemical analysis. In such cases, the Board shall consult with the CHED, the TESDA and the APO for Chemistry. The Board must announce revisions in Chemistry subjects and topics at least two (2) years prior to their inclusion in the Board examination.

Section 18. Venues and Dates of Examination - Examination of candidates desiring to practice Chemistry or Chemical Analysis shall be given at least once a year with the dates and venues prescribed by the Commission. The examination shall be conducted by the Board. The dates, times and venues of the licensure examinations for Chemists/Chemical Technicians shall, as far as practicable, be announced by the Commission in a newspaper of general circulation, broadcast media, or its official website.

Section 19. Examination Fees - Every applicant admitted to take the licensure examination shall pay such fees as may be prescribed by the Commission before he or she is allowed to take the examination.

Section 20. Examination Program - The Board shall issue a program for every scheduled examination not later than forty-five (45) days before the first day thereof, which shall contain the following:

20.1 Name of licensure examination; 20.2 Subjects for examination indicating their respective percentage weights, times, dates and places of examination; 20.3 Instructions to examinees; and 20.4 Names and signatures of the Chairman and the Secretary, Professional Regulatory Boards.

Section 21. Examination Syllabi The Board shall determine the syllabi and shall prescribe the subjects and their relative weights for examination in consultation with CHED, the academe and the accredited professional organization.

The Board shall construct the test questions for the examination; score and rate the examination papers; and submit the results to the Commission. The Board shall amend/change the subjects and the syllabi, as maybe warranted from time to time, after proper consultations with all agencies concerned.

Section 22. Rating To pass the licensure examinations for Chemists and Chemical Technicians, an examinee must obtain a general average of no less than seventy per centum (70%) and rating of no less than fifty per centum (50%) in any examination subject. However, if the Chemistry examinee passed the Analytical and Organic Chemistry subjects, the examinee shall automatically qualify as a Chemical Technician. The Commission shall report the results of examination not later than the 10th day from the last day of the examination.

Section 23. Exemption from Examination for Chemists Holders of a doctoral (PhD, DSc, or equivalent) degree in Chemistry from a reputable university may apply for registration as Chemists without examination from the Board. They must submit a copy of their undergraduate and graduate diplomas, transcripts, and make available their doctoral thesis for inspection: Provided, that such individuals must show evidence that they have been active in the practice of Chemistry. The Board may require presentation of the doctoral thesis and other evidence of competence and achievement in Chemistry.

Section 24. Issuance of Temporary/Special Permit The Board may issue a temporary/special permit to practice Chemistry to the following persons upon proper application with the Board:

24.1 Foreign-based Chemists, recognized as experts in their specific field of Chemistry, who are invited for purposes of consultation or for a specific project: Provided, That their practice shall be confined to such work; and

24.2 Foreign-based Chemists, who have distinguished themselves in their respective fields of specialization, contracted as professors or lecturers on Chemistry subjects by Philippine schools, colleges, institutes or universities on a direct hire or exchange basis. The temporary/ special permit shall indicate the period of validity but shall not exceed three (3) years. It may be renewed subject to the rules and regulations of the Board. Complaints or questions regarding such individuals may be directed to the Board for verification or action.

Section 25. Professional Oath - All persons to be admitted to the practice as registered Chemists and registered Chemical Technicians are required to take their oath before the Board or any officer authorized by the Commission prior to the issuance of their certificate of registration.

Rule IV

REGISTRATION AND ISSUANCE OF CERTIFICATE OF REGISTRATION AND PROFESSIONAL IDENTIFICATION CARD

Section 26. Vested Rights. Automatic Registration of Chemists and Chemical Technicians All registered Chemists and registered Chemical Technicians who are registered at the time RA 10657 takes effect shall automatically be registered.

Section 27. Certificate of Registration - Every Certificate of Registration to be issued by the Board shall state the full name of the registrant and his registration number, and shall be signed by the Board and the Commission and authenticated by the official seal of the Commission and of the Board indicating that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. The said certification of registration shall remain in full force and effect until suspended or revoked in accordance with RA 10657.

Section 28. Professional Identification Card - The professional identification card bearing the full name, signature, and registration number, date of issuance, expiry date, duly signed by the Commission shall be issued to every registrant who has paid the prescribed fees. The card is valid for three (3) years subject to renewal, provided that Certificate of Registration has not been suspended or revoked under RA 10657, and the individual is a member in good standing of the APO.

Section 29. Issuance of Certificates of Registration and Professional Identification Card - The Board shall issue a Certificate of Registration and Professional Identification Card after payment of the prescribed fees to an examinee who has passed the licensure examination given by Board. The Commission and the Board can exercise their right to suspend or defer registration of a successful examinee pending compliance with requirements.

As soon as the cause/s for the deferment of registration as Chemist or Chemical Technician of the successful examinee has been removed, the examinee shall be allowed to register.

Section 30. Replacement of Certificate of Registration, Professional Identification Card and Certificate of Authority to Operate - After the submission of required affidavits and evidences and compliance with the prescribed guidelines and procedures of the Commission, and upon payment of the prescribed fees, a new Certificate of Registration or Professional Identification Card or Certificate of Authority to Operate may be issued to replace any lost, burned, destroyed or mutilated certificate or card.

Section 31. Promulgation of Rules and Regulations Governing Practice of Foreign-Based Chemists - With assistance from the Commission, the Board shall promulgate Rules and Regulations providing for the procedures for the registration of foreign-based Chemists without examination and issuance of temporary/ special permit through reciprocity.

Rule V

Professional Practice of Chemistry and Chemical Analysis

Section 32. Scope of Professional Practice of Chemistry. The professional practice of Chemistry shall cover the following services related to public interest, public safety, legal or regulatory matters:

32.1 Performance of a chemical analysis or chemical synthesis;

32.2 Certification of a chemical analysis or chemical synthesis;

32.3 Inspection of a laboratory with respect to its chemical or biochemical activities;

32.4 Certification of a laboratory with respect to its chemical or biochemical activities;

32.5 Supervision of a chemical laboratory;

32.6 Supervision of a chemical analysis or chemical synthesis, whether or not performed in a laboratory;

32.7 Teaching, lecturing and reviewing of a professional Chemistry subject in the curriculum of the Bachelor of Science in Chemistry degree or a subject in the Chemistry licensure examination given in any college, university, or training or review center, or any other educational institution or certification body;

32.8 Consultation, investigation, or research concerning physico-chemical or biochemical matters which involve public interest, public safety, laws or regulations. For these purposes, the registered Chemist must affix one's signature, license number and official seal to any certification report submitted;

32.9 Sale of chemicals, chemical apparatus or chemical equipment. The Board of Chemistry shall issue Board Resolutions regarding the coverage of implementation of this provision;

32.10 Supervision of the sale of chemicals, chemical apparatus or chemical equipment; and

32.11 Functions related to the management of chemicals, such as chemical safety, chemical waste management, pollution control, and the like.

The Chemistry Board, subject to the approval of the Commission, may revise, exclude from or add to the above-enumerated acts or activities as the need arises to conform to the latest trend in the practice of the profession.

Section 33. Scope of the Professional Practice of a Chemical Technician. - The scope of the professional practice of a Chemical Technician shall be limited to the performance of routine physico-chemical or biochemical analysis, chemical or biochemical synthesis, and sale of chemicals, chemical equipment / apparatus: Provided, That such activities are under the supervision of a registered Chemist. Any report on chemical analysis or synthesis must be signed by and bear the license number of the Chemical Technician who performed the analysis.

Section 34. Roster of Chemists and Chemical Technicians - The Commission shall keep a roster of all duly licensed and registered Chemists and Chemical Technicians, stating their names, registration numbers and places of business. The Commission shall regularly update such roster and make it available to all interested parties. Section 35. Indication of Certification of Registration Number and Professional Tax Receipt Payment - The Chemist and Chemical Technician shall be required to indicate his Certificate of Registration number, Professional Identification Card on all official documents he/she issues in connection with the practice of his/her profession.

Rule VI

TEACHING AND LECTURING ENGAGEMENTS IN CHEMISTRY

Section 36. The teaching, lecturing, and reviewing of professional Chemistry subjects in the curriculum of the Bachelor of Science in Chemistry or a subject in the Chemist or Chemical Technician licensure examination given in any school, college, university or any other educational institution shall also be considered a professional Chemistry service, hence, only a Registered Chemist can practice such.

Section 37. Professional Chemistry subjects are those defined in R.A. 10657 and as maybe prescribed by the Board from time to time.

Section 38. Upon proper application to the Board, foreign-based Chemist who have distinguished themselves in their respective fields of specialization, contracted as professors or lecturers in Chemistry subjects by Philippine schools, colleges, institutes or universities on a direct hire or exchange basis may be given temporary/special permits by the Board to teach professional Chemistry, subject to guidelines to be issued by the Board and other applicable laws, provided that the teaching shall be confined to the applicant's field of specialization.

Section 39. The teaching, lecturing, and reviewing of professional Chemistry subjects in the curriculum of the Bachelor of Science in Chemistry or a subject in the Chemist or Chemical Technician licensure examination given in any school, college, university or any other educational institution shall also be considered a professional Chemistry service, hence, only a Registered Chemist can practice such.

Rule VII

GRACE PERIOD

Section 40. There shall be a three (3) year grace period to those who on the date of effectivity of this Act/IRR are teaching professional Chemistry subjects during which time they should meet the following requirements:

40.1 Completion of at least sixty (60) units of Chemistry subjects in an undergraduate degree course which must include all of the professional Chemistry subjects. This may include Chemistry subjects taken before or after the date of effectivity of this Act;

40.2 Must have been already teaching these subjects satisfactorily for at least three (3) years on the date of effectivity of this Act;

40.3 Compliance with all other reasonable requirements or criteria that the Board may set to demonstrate one's competence to teach such subjects; and

40.4 Active participation in CPD for Chemistry.

After the three (3)-year grace period or earlier, the individuals must submit certified true copies of all of their relevant transcripts for evaluation. Those who are evaluated to have fulfilled the requirements shall be issued a special permit to teach professional Chemistry subjects.

However, such permission to teach professional Chemistry subjects shall not be construed as permission to practice Chemistry.

Section 41. Chemical Laboratories. All existing personnel currently employed whose functions fall under the Chemistry law have three (3) year grace period in which to comply with the Chemistry Law.All new appointments to the following positions and/or functions must be a Registered Chemist with an updated license:1. Heads of Chemical laboratories2. Supervisors of Chemical work in a mixed-function laboratory3. Signatory to a Chemical analysisAll personnel undertaking Chemical work as defined in this law must be either a licensed Chemist or licensed Chemical Technician. The curricula for relevant academic degrees (for Chemists) and training courses (for Chemical Technicians) should be prepared within six (6) months of the publication of the IRR. The licensure exam for Chemical Technicians should be implemented within 2 years, if not sooner.

RULE VIII

SALE OF CHEMICALS, CHEMICAL APPARATUS, CHEMICAL EQUIPMENT

Section 42. Matters related to public safety, public integrity and legal or regulatory shall guide the requirements on the need for a registered Chemist/ Chemical Technician regarding the professional practice of sales of Chemicals, Chemical apparatus, and Chemical equipment. Chemical safety references, such as documents from the United Nations and its agencies, the Organization for the Prevention of Chemical Weapons (OPCW), material safety data sheets (MSDS), United States Pharmacopeia (USP), manufacturer/ suppliers manuals, may be used to evaluate safety and legal or regulatory concerns.

Section 43. In the case of the supervision on sale of chemicals, chemical apparatus, chemical equipment, this shall be performed by a registered Chemist or Chemical Technician as stated in Sec 4(j) of RA 10657. A registered Chemistry professional in the Technical support team may perform this supervision; hence the provision on supervision is not limited to a direct supervisor-subordinate reporting relationship.

RULE VIII

COMPLIANCE OF CHEMICAL LABORATORIES AND EDUCATIONAL INSTITUTIONS

Section 44. The Board together with the Commission shall issue a Certificate of Authority to Operate to the laboratories that will satisfy the following requirements.

44.1 Only registered Chemist or registered Chemical Technician holding valid CRs and PRC identification cards issued by the Boards shall carry out the practice of the Chemistry in the Chemical laboratories.

44.2 Only registered Chemist shall head the Chemistry Lab.

44.3 Comply with all relevant requirements for safety, waste management, and environmental protection.

44.4 Comply with other provisions of RA 10657 which includes, but is not limited to, the following: hazard pay, accident insurance, legal assistance to Chemists and Chemical Technicians, signatories in Chemical laboratory reports.

Section 45. Roster of Chemical Laboratories and Related Entities. The Commission shall keep a roster of all Chemical laboratories and entities engaged in the practice of Chemistry, including their business addresses and registration numbers. The Commission shall regularly update such roster.

Section 46. The Board shall inquire into the conditions affecting the practice of the profession and adopt measures for the enhancements and maintenance of a high professional, ethical, Technical and good governance standard. The Board and/or its duly authorized representative may inspect and/or do on-site or off-site audits in establishments such as factories, plants, offices, and the like, in order to determine and enforce compliance with the provisions of RA 10657.

Section 47. In coordination with the Commission on Higher Education (CHED), the Board or its authorized representative may inspect the facilities, faculty, equipment and other aspects directly related to the Chemistry and Chemical Technician programs of educational institutions and/or certification body.Comment by Ludy: Review the extended authority from the Board vs provision

RULE IX

COGNIZANCE OF RA 10657 BY GOVERNMENT INSTITUTIONS

Section 48. All government institutions, in particular the Department of Environment and Natural Resources, Department of Trade and Industry, Department of Agriculture, Department of Science and Technology, Commission on Higher Education, Department of Education, and other agencies, such as the provincial, city and municipal governments, the Civil Service Commission, Board of Investment and the Food and Drug Administration, among others, and other relevant and concerned agencies, shall all be made cognizant of the mandates of RA 10657 and be asked to actively implement the provisions of Section 29, Article IV of RA 10657.

RULE X

CODE OF ETHICS AND GOOD GOVERNANCE FOR THE PRACTICE OF CHEMISTRY AND CONTINUING PROFESSIONAL DEVELOPMENT (CPD)

Section 49. Code of Ethics and Good Governance for the Practice of Chemistry The Board, shall adopt and promulgate a Code of Ethics and Good Governance for the Practice of Chemistry.

Section 50. Continuing Professional Development - The Board shall prescribe guidelines and criteria on the Continuing Professional Development (CPD) program for Chemists and Chemical Technicians to be administered by CPD Council composed of a Chairperson from the Board and a member each from APO and academe.

RULE XI

ADOPTION AND USE OF SEAL BY CHEMISTS

Section 52. Seal of Registered Chemist - Each registered Chemist shall, upon registration, obtain a seal as prescribed by the Board with the label "Registered Chemist" bearing the registrant's name and registration number. All official documents and certification reports should bear the signature of the registered Chemist, Chemist's registration number, and seal.

Section 53. Title of Registered Chemist Registered Chemists may affix the designation RCh after their name.

RULE XII

ACCREDITED PROFESSIONAL ORGANIZATION FOR CHEMISTRY

Section 54. Membership in the Accredited Professional Organization of Chemistry A Chemist or Chemical Technician duly registered with the Board is required to become a regular or associate member respectively of the accredited organization, and shall receive the benefits provided for described in its by-laws upon payment of the required fees and dues. This membership in the accredited professional organization shall not be a hindrance to membership in other associations.

Section 55. Officially Accredited Professional Organization (APO) The Integrated Chemists of the Philippines (ICP) is the existing Accredited Professional Organization of registered Chemists /Chemical Technicians, duly accredited by the Board, approved by the Commission and registered with the Securities and Exchange Commission (SEC) as a non-profit, non-stock corporation governed by its Articles of Incorporation and By-laws.

55.1 Chemists/Chemical Technicians duly registered with the PRC shall register to become a member of the ICP and shall receive the benefits and privileges provided for and described in its by-laws upon payment of required fees and dues. The ICP shall keep an updated official registry of its bonafide members indicating membership and annual dues official receipt number.

55.2The functions, duties and responsibilities of the ICP as the accredited professional organization of registered Chemist/Chemical Technicians shall be the following:

a) Nominations to the vacancy of positions to the Board of Chemistry;

b) Consultation for the Board as needed for matters, pertinent to the professional practice of Chemistry;

c) Consultation for the Board in case modification of the coverage of the Board exam is required;

d) Assist the Board as needed in its inspection/audit activities for the purpose of issuance of Certificate of Authority to Operate; and

e) Some other functions, duties and responsibility as may be prescribed by the Board of Chemistry from time to time.

RULE XIII

PROHIBITIONS IN THE PRACTICE OF CHEMISTRY

Section 56. - No person shall undertake the professional practice Chemistry without a valid certificate of registration and/or a valid professional identification card, and/or valid temporary/special permit. Any person who shall commit the following acts shall be guilty of violating R.A 10657;

56.1 Practice Chemistry or render Chemical analysis services, or pass himself off or advertise as Chemist/Chemical Technician without valid certificate of registration and/or professional identification card and/or temporary/special permit or when such has been suspended or revoked;

56.2 Attempt to use as his own, the certificate or license number or temporary/special permit or seal of another person or impersonate any registered Chemist/Chemical Technician;

56.3 Abet the illegal practice of Chemistry by an unregistered or unauthorized person;

56.4 Furnish the Board or Commission any false information or document in order to secure the Certificate of Registration and/or Certificate of Authority to Operate.

RULE XIV

GENERAL PROVISIONS

Section 57. Foreign Reciprocity. - No foreign Chemist shall be granted any of the right or privilege under RA 10657 unless the country of which he is a subject or citizen grants the same or similar rights or privileges to a Filipino Chemist.

A foreign citizen, whether he studied in the Philippines or not, who desires to take the licensure examination for Chemist through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines by:

57.1 Submitting a letter or any document signed and under official seal by the appropriate official of his country/state requesting the Chairman of the Board of Chemistry to allow the foreign applicant to take the licensure examination that by express provision of the law of his country/state, Filipino citizens shall be allowed to take the licensure examination for Chemistry and to register as Chemist in his country/state on terms of strict and absolute equality with the citizens or subjects of said country or state, including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language.

57.2 If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the foreign applicant shall be allowed to take the licensure examination for Chemist by requiring him to file an application to take the licensure examination and by submitting the following documents that shall accompany the application:

a) The original or certified copy of any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside in the Philippines;

b) Present his passport for examination and for photocopying of pertinent information about the applicant;

c) Original or authenticated copy of transcript of records or equivalent document of the course for licensure examination issued by the institution of higher learning where he studied, duly authorized or accredited by his country/state; and

d) Other documents which may be required to be submitted by the Board.

Section 58. Hazard Pay, Health and Accident Insurance Chemists and Chemical Technicians exposed to Chemicals as part of their regular work and responsibilities are entitled to hazard pay and insurance coverage commensurate to the risks involved. This should be part of the organizations compensation and benefit scheme for such work. The Board shall set guidelines for these. This will be part of the inspection requirements of the Board.

Section 59. Legal Assistance Registered Chemists and registered Chemical Technicians who face civil or criminal suits arising from chemistry work done in good faith are entitled to legal assistance to be provided by the employer/laboratory for whom the work was performed. The Board shall set guidelines for these. This will be part of the inspection requirements of the Board. Section 60. Act Not Affecting Other Professions - RA 10657 shall not prevent the practice of any lawfully recognized allied profession provided that the activity is within the scope of other professions.

RULE XV

ADMINISTRATIVE PROCEEDINGS

Section 61. Grounds for the Suspension and Revocation of Certificates - The Board may, after due notice and hearing, suspend or revoke the certificate of registration of a Chemist/Chemical Technician or cancel any temporary/special permit issued for the practice of Chemistry in the Philippines for any of the following grounds;

61.1 Any act of misrepresentation, dishonesty, unethical conduct or gross incompetence in connection with the performance of Chemistry services;

61.2 Acts inimical to the Chemistry profession;

61.3 Gross immorality or commission of any act involving moral turpitude;

61.4 Conviction by final judgement of a court of competent jurisdiction of any criminal offense;

61.5 Judicial declaration that the former is of unsound mind.

Certificates of Authority to Operate may be suspended or revoked for non-compliance with the provisions of RA 10657.

Section 62. Reissuance of Revoked Certificate of Registration or Revoked Certificate Authority to Operate - The Board may, for reasons it may deem sufficient and upon proper petition, reissue a revoked certificate of registration or revoked certificate of Authority to Operate upon payment of the prescribed fees and submission of requirements.

Section 63. Interpretation of the Provision of RA 10657, its Implementing Rules and Regulations, Code of Ethics and Code of Good Governance Issued by the Board - At first instance, the Board may resolve any issue arising from the implementation of the revisions of RA 10657 in the form of opinions issued by the Board through its Chairman. It may also issue opinions on questions arising from the implementation of the Rules and Regulations of RA 10657, the Code of Ethics and the Code of Good Governance. The Board may request the Commission, through its Chairperson, to elevate difficult questions of law to the Department of Justice for legal opinion.

Section 64. Administrative Investigation - The Board shall investigate, in accordance with the rules on administrative investigation promulgated by the Commission, violations of RA 10657 and this implementing rules and regulations, the Code of Ethics and the Code of Good Governance, administrative policies, orders and issuance promulgated by the Board. The Board shall prosecute or institute criminal action against any violator of RA 10657 and/or rules and regulations of the Board.

64.1 The Board shall hear and decide administrative cases filed against Chemist, Chemical Technicians, owners and administrators of chemical laboratories. Any decision shall be concurred in by at least a majority of the Board. Decision of the Board may be appealed to the Commission within fifteen (15) days from notice; otherwise such decision shall become final and executory.

64.2 The hearing shall be prescribed by the Chairman or a Member of the Board assisted by the legal or hearing officers of the Commission. The Board may delegate the hearing or investigation of such cases to the legal and hearing officers of the Commission except when it is on Technical matters or where the issue involved strictly concerns the practice of the profession in which case the hearing or investigation shall be presided by at least one (1) Member of the Board assisted by a hearing or legal officer of the Commission.

Section 65. Exemption from Examination for Chemists - Upon proper application for exemption with the Board, examination shall not be required of the holders of Doctoral Degree in Chemistry from a reputable University who are allowed to practice Chemistry in the Philippines as provided for in this IRR for RA 10657. They shall be required to register for the purpose of securing Certificate of Registration; provided that such individuals must show evidence that they have been active in the practice of Chemistry.

These Applicants must submit a copy of their undergraduate and graduate diplomas, transcripts and cover pages of their doctoral thesis. The Board may require presentation of their doctoral thesis and other evidence of competence and achievements in Chemistry.

RULE XVI

ENFORCEMENT, APPROPRIATION, AND PENALTIES

Section 66. Enforcement Assistance to the Board. - The Board shall be assisted by the Commission in carrying out the provisions of RA 10657 and these implementing rules and regulations and other policies. The lawyers of the commission shall act as prosecutors against illegal practitioners and other violators of RA 10657 and these rules. The duly constituted authorities of the government shall likewise assist the Board and the Commission in enforcing such as stated.

Section 67. Appropriation - The annual General Appropriation Act shall include the funding for PRCs programs on the implementation of RA 10657. The Chairperson of PRC shall include in the Commissions programs the implementation of RA 10657.

Section 68. Penal Clause for the Professional Practice of Chemistry and Chemical Analysis - Any person who shall violate any of the provisions of RA 10657, upon conviction, be sentenced to a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00) or imprisonment for a period of not less than one (1) month but not more than one (1) year or both at the discretion of the court.

Section 69. Penal Clause for Chemistry Laboratories and Related Firms. No Chemical laboratory or firms shall undertake activities covered by this IRR/Act without a valid authority to operate the same. The president or the highest ranking officer of the corporation shall be held liable for violations of this Act. Upon conviction, these persons shall be sentenced to a penalty of imprisonment for a period of not less than one (1) month but not more than one (1) year, or a fine of not less than one hundred thousand pesos (P100,000.00) but not more than one million pesos (P1,000,000.00) or both, at the discretion of the court.

RULE XVII

SEPARABILITY AND REPEALING CLAUSES AND EFFECTIVITY

Section 70. Separability Clause - If any section or provision of this IRR of RA 10657 may be declared unconstitutional or invalid, such shall not affect or invalidate any other section or provision thereof.

Section 71. Repealing Clause - Any provisions of the rules, regulations, codes, orders, resolutions, measures, and other policies or parts thereof issued and promulgated pursuant to Republic Act No 754 and all other Orders, Ordinances, or regulations in conflict with RA 10657 are hereby repealed, superseded, or amended accordingly.

Section 72. Effectivity - These Implementing Rules and Regulations for RA 10657 shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or in a major newspaper of general circulation.

Done in the City of Manila, Philippines, this _____day of ________________.

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